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Unexpected Hurdles in Spousal Sponsorship & How to Jump Them!

Navigating the path to spousal sponsorship in Canada can sometimes feel like running an obstacle course. While the process might seem straightforward on paper, various unexpected hurdles can arise. This article will guide you through these potential challenges in spousal sponsorship and offer actionable solutions to conquer them.

Understanding Spousal Sponsorship

Spousal sponsorship allows Canadian citizens or permanent residents to sponsor their spouse or common-law partner for Canadian permanent residency. The process, managed by Immigration, Refugees, and Citizenship Canada (IRCC), involves assessing both the sponsor’s and the sponsored person’s eligibility.

Common Hurdles and Solutions

  1. Inadequate Documentation of Relationship

Hurdle: One of the main reasons for application refusal is a lack of convincing evidence proving the genuineness of the relationship.

Jump It!

  • Diverse Evidence: Provide a mix of photos, letters, joint bank account statements, and other relevant documentation.
  • Consistency: Ensure your relationship story is consistent in all forms and statements.
  • Witness Statements: Letters from friends and family can add weight to your claim.
  1. Criminal Record of the Sponsor

Hurdle: A criminal record, especially involving domestic violence, can lead to sponsorship ineligibility.

Jump It!

  • Criminal Rehabilitation: If eligible, apply for rehabilitation to overcome past criminal convictions.
  • Legal Counsel: Seek advice from an immigration lawyer for complex cases.
  1. Financial Difficulties of the Sponsor

Hurdle: If the sponsor doesn’t meet the minimum income requirement or is receiving social assistance, the application can face challenges.

Jump It!

  • Demonstrate Stability: While there’s no strict income requirement for spousal sponsorship (except when sponsoring dependent children with their own dependents), proving financial stability can bolster your application.
  • Clear Debts: Ensure you don’t have outstanding immigration loans or sponsor reimbursements.
  1. Medical Inadmissibility of the Sponsored Spouse

Hurdle: If the sponsored spouse has a condition deemed to place excessive demand on Canadian health or social services, they might be found medically inadmissible.

Jump It!

  • Request Reassessment: If you believe the assessment was inaccurate, consider a medical reassessment.
  • Humanitarian Consideration: Argue the person’s potential contribution to Canada or the consequences of separation.
  1. Previous Sponsorship Issues

Hurdle: If you previously sponsored a spouse and they received social assistance within five years of landing in Canada, you might be ineligible to sponsor again.

Jump It!

  • Wait Out the Period: If applicable, you might need to wait until you’re eligible again.
  • Legal Consultation: For complicated situations, it might be worthwhile to consult an expert.
  1. Communication Gaps During Application Process

Hurdle: Missing out on important IRCC communication can lead to unintentional non-compliance.

Jump It!

  • Update Address: Always inform IRCC if you change your address.
  • Check Spam: Occasionally, emails from IRCC end up in the spam/junk folder. Regularly check and whitelist IRCC’s email address.

While the journey of spousal sponsorship in Canada can be laden with unexpected challenges, adequate preparation and an understanding of potential issues can equip you to address them head-on. Seeking professional advice from an immigration consultant, when in doubt, can also offer clarity and direction, ensuring you and your loved one can start your new chapter in Canada with confidence.

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